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Planning Commission

Regular Meeting

Cookeville, TN · September 24, 2007

AgendaMinutes

Minutes

COOKEVILLE PLANNING COMMISSION MINUTES SEPTEMBER 24, 2007 The Cookeville Planning Commission met on Monday, September 24, 2007 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Judy Jennings, Dr. Roy Loutzenheiser, Nina Lunn, Dr. Angelo Volpe, Ryan Williams, and Tod Williams. MEMBERS ABSENT: Don Prince, Jim Stafne, and Chris Wakefield. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, and Suzanne Garnmeister. STAFF ABSENT: Jim Shipley. OTHERS PRESENT: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Ryan Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF AUGUST 27, 2007. Dr. Roy Loutzenheiser made the motion to approve the minutes of August 27, 2007. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION A REQUEST TO REZONE 900 NORTH WASHINGTON AVENUE FROM RS-10 (SINGLE-FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY CHRIS DAWSON ON BEHALF OF MARTIN MEDLEY AND L. A. ALLEN. THIS ITEM WAS POSTPONED AT LAST MONTH’S MEETING. James Mills stated that Mr. Chris Dawson, on behalf of property owners Martin Medley and L. A. Allen, has submitted for approval a request to rezone from RS-10, Single Family Residential to CL, Local Commercial property located at 900 North Washington Avenue and identified as Parcel 2.00 on Tax Map 40N, Group F. Consideration of this request was postponed at the August 2007 meeting so that further information could be obtained. The property proposed for rezoning is contiguous with CL zoning to the north and east and with RS-10 zoning to the south and west. According to the records of the Putnam County Tax Assessor, the property consists of approximately 1.8 acres. The parcel has street frontage on North Washington Avenue to the east, East 10th Street to the north, and East 9th Street to the south. North Washington Avenue, which is State Highway 136, is classified as a Major Arterial Street. East 10th and East 9th Streets are classified as Minor Collector Streets. The Future Land Use Plan indicates that the subject property is best suited for either residential or local commercial purposes. According to the latest FEMA report a portion of the property is located within a flood hazard area. The rezoning petition indicates that the purpose of the rezoning is to relocate the existing Citizen Bank facility located at the corner of North Washington Avenue and East 10th Street and to construct a Walgreens retail establishment. A submitted site plan indicates that the parcel on which the bank facility is currently located, Parcel 1.00 on Tax Map 40N, Group F, would be combined with the parcel proposed for rezoning. Parcel 1.00 is already zoned as CL. The plan depicts the bank being relocated to the southern or East 9th Street portion of the combined property with the Walgreens being located on the northern or East 10th Street portion. Shared access points to East 10th Street and North Washington Avenue are proposed with no access to East 9th Street indicated. The site plan also indicates that the elevation of the proposed commercial development would be significantly lower than the adjacent residential properties to the east. At the August meeting it was noted that a number of property owners, including the owners of parcels on Allen Avenue contiguous with subject property to the west, had contacted the Planning Department to register their opposition to the rezoning. The primary concerns mentioned were the potential negative impact COOKEVILLE PLANNING COMMISSION 2 SEPTEMBER 24, 2007 on property values, increased traffic, and commercial encroachment into a residential area. Additional concerns noted by the Planning Commission at the August meeting were: (1) potential traffic problems with the proposed access to the property and the southbound merge lane on North Washington Avenue; (2) lack of access to the property from East 9th Street: (3) internal traffic flow and possible conflicts with proposed access point from North Washington Avenue; (4) architectural finish of all faces of the proposed structures; (5) and assurance that the property would be developed as depicted on the submitted site plan. Regarding traffic, engineers for the petitioner met with city officials, including Public Works Director Greg Brown and Dr. Loutzenheiser, on September 4, 2007. Mr. Brown and Dr. Loutzenheiser’s comments regarding this meeting are included in your notebooks. Generally, the following determinations were reached at this meeting: 1. Access point from Washington Avenue to the proposed development should be moved further south which would provide safer ingress/egress on Washington and would provided better internal traffic flow 2. Access to the proposed development from East 9th Street where it could physically be provided is not desirable 3. Additional marking or signage of merge movement on southbound Washington should be provided (TDOT has recently place a merge arrow on the southbound lane, whether this adequate has yet to be evaluated) During the first and second week of September the Public Works Department compiled traffic count data at the intersection of North Washington Avenue and East 10th Street. The average daily traffic count on North Washington Avenue south of East 10th Street was approximately 15,500. In 2005 the TDOT ADT count for this location was 15,480 and in 2006 the count was 15,133. While there is a large amount of traffic on North Washington Avenue there does not appear to be a significant increase in the past 2 years. A primary concern mentioned at the August meeting was the perceived unsafe traffic situation involving the southbound merge lane on North Washington Avenue. A review of the Cookeville Police Department’s accident reports indicate that one (1) accident has occurred so far in 2007 and that no accidents occurred in 2006 that could be attributed to the merging design. It should also be noted that North Washington Avenue is a state highway and any access point to it would have to be approved by TDOT and developed to their standards. A revised site plan, depicting the relocation of the access point on North Washington Avenue, and a proposed landscape plan have been submitted by the petitioner. The current property owners and the proposed developer agreed at last month’s meeting to some form of binding commitment that the property would be developed as depicted on the submitted site plan and the proposed developer also agreed to require that all four sides of the proposed structures would be constructed with the same finish siding. The petitioner has submitted a letter from Walgreens indicating that the proposed structure would have a brick finish on all four sides. A similar letter of commitment has been submitted by Citizens Bank. While the proposed site plan and commitment for architectural standards would appear to provide substantial protection for adjacent residential properties, it is important to note that there are currently no provisions in the Cookeville Zoning Code for the CL District to assure that the property is developed as depicted on the site plan. Also, it must be pointed out that if this property is rezoned it would not be restricted to the uses depicted on the submitted site plan. It was also reported at the August meeting that a petition had been submitted for the establishment of a Historic District that would include the property proposed for rezoning. The inclusion of the subject property in a Historic District would provide a mechanism for assuring that any structures would meet certain architectural standards and would be compatible with other structures within the district. Results from a survey of property owners indicated that there currently is not enough support to establish a comprehensive historic district that would include the subject property, and the Historic Zoning Commission, at its meeting on September 11, 2007, tabled consideration of this matter. In considering this rezoning and developing a recommendation the Planning Department has placed significant importance on the following questions: 1. Does the rezoning comply with the Future Land Use Plans for the city? 2. Does the proposed zoning conflict with how other properties in the vicinity are developed and zoned? 3. Are the existing infrastructure and transportation network adequate for the proposed zoning? COOKEVILLE PLANNING COMMISSION 3 SEPTEMBER 24, 2007 4. Are the land uses allowed under the current zoning appropriate for the property, and if not, what type of land use would be most appropriate for the property? 5. What will be the impact on the surrounding area if the property is rezoned and are the current requirements of the Zoning Code adequate to mitigate any negative impacts? It is the opinion of the Planning Department that the answers to these questions indicate that some form of commercial zoning is appropriate for this property. In the August review of this request there was some discussion on the possibility of rezoning the subject property as CN, Neighborhood Commercial. The Planning Department is of the opinion that the CN District would be the most appropriate zone for this property and perhaps for a much larger area along East 10th Street. It is the most restrictive commercial zone in terms land uses allowed and has some limited architectural standards in that all non-residential uses are required to be compatible with nearby residential structures in terms of scale and appearance. However, as noted at the August meeting, rezoning only the subject property may constitute spot zoning and that the proposed Walgreens would exceed the CN maximum floor space requirement of 10,000 square feet. An option that could be considered is to amend the maximum floor space requirement of the CN District to increase it to 15,000 square feet and to include in the rezoning to CN the undeveloped property currently zoned as CL located at the southeastern intersection of North Washington Avenue and East 10th Street (portion of Parcel 1.00, Tax Map 40N, Group E) and possibly an even larger area along East 10th Street. This option would provide a substantial amount of additional protection for the nearby residential areas and still allow commercial development of the properties. To include this larger area would require further study and appropriate public notice to the property owners. There are several potential actions available in this matter. These include: • Denial of request for rezoning, • Approval of request for rezoning to CL, • Approval of rezoning to CN Parcels 1.00 and 2.00 on Tax Map 40N, Group F, • Approval of rezoning to CN with approval of amendment to CN provisions increasing the maximum floor space requirement to 15,000 square feet, • Approval of rezoning to CN the subject properties and the additional property located at the southeastern intersection of North Washington Avenue and East 10th Street, and • Postponement or tabling of request to consider a larger area along East 10th Street for rezoning to CN. Staff recommended approval of amendment to CN district provisions to increase the maximum floor space requirement to 15,000 square feet, approval of rezoning of Parcels 1.00 and 2.00 on Tax Map 40N, Group F to CN, and approval of taking for study rezoning to CN additional properties along East 10th Street. Carter Dawson of Red River Investments stated that the CN (Neighborhood Commercial) was acceptable. The entrance has been moved furthered south to help with safety concerns at the corner of 10th Street and North Washington Avenue. Walgreens will work with the Planning Department and neighbors to meet each of their concerns. Dr. Scott Copeland, 807 North Washington Avenue, stated the traffic would not be the same and that building a Walgreens would create more traffic. He wanted to know what would be the benefit of having a 15th drugstore and adding another bank to the community. The Board should not take away residential lots for commercial uses. Dr. Copeland noted that the property owners have not tried to sell the property as residential and that the only 2 people in favor of the request were the property owners. Dr. Copeland stated that Dr. James Smith tried to buy the property a few years to build a residential house on the property and they wouldn’t sell it to him. Dr. Copeland stated that it is a hassle now to get out of his driveway under the current situation. Dr. Copeland recommended that the Commission leave ½ the property as a natural buffer to protect the residents in the area and to deny the rezoning request. Janet Bacon Baggett, property owner on Allen Avenue, stated that the buffer area listed on the landscape plan is less than what is required by the City of Cookeville. Mrs. Baggett added that development will be destroying a section of the neighborhood and that she is opposed to the rezoning request. The bank on the corner has not been a problem, but the Commission has the ability to stop commercial from encroaching into a residential area. COOKEVILLE PLANNING COMMISSION 4 SEPTEMBER 24, 2007 James Mills stated that the Planning Commission was not approving the landscape plan, and that the developer would have to comply with the applicable landscaping and buffer yard requirements of the Zoning Code. Nancy Forrester, 824 North Washington Avenue, stated that there is already a lot of congestion at this intersection and that she is opposed to further commercial in a residential neighborhood. Dr. Roy Loutzenheiser stated that after reviewing the location more carefully, that the CN sounds more beneficial to the neighborhood. If it stays residential you could potentially have 4-5 driveways on 9th & Washington which could be more dangerous with the additional access points to a major road. The Bank currently does not impact the morning school traffic due to their hours of operation, but the traffic flow will increase with the addition of a Walgreens. Nancy Newby stated that she would like to keep the property in question residential. Russell Soucy, spokesman for Carol Ray who lives on Allen Avenue, shared their concerns about protecting an old established residential and about clear cutting all the trees where there is a natural buffer now. They were also concerned about the loading zone behind the building, the noise from dumpsters being emptying and they felt that the development for Walgreens and Citizens Bank was squeezing too much commercial on the property. Ryan Williams wanted to know the main differences between the CN and the CL. James Mills stated that in the CN zone that the uses are more restrictive. For example, in the CN zone you cannot have car lots and a drive thru restaurant. The site plans for commercial uses in the CN are reviewed and have to be compatible with the neighborhood. The CN zone gives more protection to the neighborhood. The CL zone allows larger developments. If a development is located on a street of major collector status the building can be a maximum of 50,000 sq. ft and if the development is on a street of lower classification then the building can be a maximum of 25,000 sq. ft. Rebecca Ting, 523 North Washington Avenue, was concerned about the State widening North Washington Avenue to 5 lanes and the effect it would have on the residents. Jerald Bryant, 609 North Washington Avenue, stated that he originally signed the petition in favor of the rezoning, but had changed his mind. He was really concerned about the increase in traffic on North Washington Avenue and the potential for more traffic if North Washington is widened to 5 lanes. Nancy Pardue, 824 North Jefferson Avenue, stated that the neighborhood does not need a 24 hour Walgreens. Tod Williams stated that City has a comprehensive zoning plan to help with long range planning for our community. The CN zone seems like a better way to protect the residents than the CL zone. Nina Lunn stated that she lives off of 10th Street and that this area needs some future planning with the use of trees and landscaping. Sam Warren of the Citizens Bank, stated that the Bank came to Cookeville in 1996 and they are wanting to move to the corner of 9th & North Washington in order to expand the bank on a larger lot. Nina Lunn made the motion to amend the Cookeville Zoning Code to increase the maximum square footage allowed in a CN (Neighborhood Commercial) zone from 10,000 to 15,000 sq. ft. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED AMENDMENT TO INCREASE THE MAXIMUM SQUARE FOOTAGE ALLOWED IN A CN ZONE FROM 10,000 TO 15,000 SQ. FT. Dr. Roy Loutzenheiser made the motion to rezone 900 and 990 North Washington Avenue from RS-10 (Single-Family Residential) and CL (Local Commercial) to CN (Neighborhood Commercial). Nina Lunn seconded the motion and the motion carried unanimously. APPROVED REZONING TO CN. COOKEVILLE PLANNING COMMISSION 5 SEPTEMBER 24, 2007 Dr. Angelo Volpe made the motion to add as a study item rezoning a broader area along East 10th Street and North Washington Avenue north of East 10th Street from CL (Local Commercial) to CN (Commercial Neighborhood). Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED ADDING AS A STUDY ITEM REZONING ADDITIONAL PROPERTIES ALONG E. 10TH STREET AND NORTH WASHINGTON AVENUE NORTH OF EAST 10TH STREET FROM CL TO CN. CONSIDER FOR ACTION REZONING 38 EAST BORDEN STREET FROM RM8 (MULTI- FAMILY RESIDENTIAL TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY DANNY BURGESS ON BEHALF OF BEVERLY HENSLEY. ADDITIONAL PROPERTIES LOCATED AT 28, 48, & A VACANT LOT ON EAST BORDEN STREET AND 389 & 395 HIGHLAND AVENUE WILL ALSO BE CONSIDERED IN THE REZONING REQUEST. James Mills stated that Mr. Danny Burgess, on behalf of property owner Beverly Hensley, has submitted a request that property located at 38 East Borden Street and identified as Parcel 3.00 on Tax Map 53J, Group L be rezoned from RM-8, Multi- Family Residential to CL, Local Commercial. The property is currently used as a daycare. Mr. Burgess indicates in the petition that the purpose of the requested rezoning is to increase marketability of the property. Since rezoning the single parcel, which is not contiguous with CL zoning, would most likely be considered a spot zone additional properties have been included. So that spot zoning is not an issue a larger area along East Borden Street has been identified for possible rezoning to CL. This larger area consists of four (4) other parcels in their entirety and a portion of one (1) other, each of which is zoned as RM-8. These additional parcels are as follows: 1. Parcel 2.00, Map 53J, Group L, located at 28 Borden Street and owned by Sam Greenwood (currently a single family residence) 2. Parcel 4.00, Map 53J, Group L, located at 48 East Borden Street and owned by Horizons USA (currently a single family residence) 3. Parcel 7.00, Map 53J, Group L, located at 395 Highland Avenue and owned by Camille Fliss (currently a single family residence) 4. Parcel 16.01, Map 53J, Group L, located at 389 Highland Avenue and owned by Horizons USA (currently a vacant lot) 5. Portion of Parcel 3.00, Map 53O, Group C, located on Borden Street and owned by Horizons USA (currently used as parking for Phoenix USA) The owners of the five (5) additional properties have been contacted by Planning Department about the possible inclusion in the rezoning. No opinion has been obtained from Mr. Greenwood. Ms. Fliss has indicated that she is in favor of the rezoning. Mr. Jim Wright of Horizons USA had indicated that he is in favor of the proposed rezoning and has requested that an additional contiguous property owned by Horizons USA and zoned as RM-8 be included in the rezoning. This parcel is identified as follows: 6. Parcel 16.00, Map 53J, Group L, located at 383 Highland Avenue and owned by Horizons USA (currently a single family residence) The expanded area proposed for rezoning is contiguous with CL zoning to the east, with CI, Commercial- Industrial Mixed use zoning to the south, and with RM-8 zoning to the west and north. It consists of 3.3 acres. Phoenix USA occupies the entire block along the south side of East Borden Street. As noted previously Phoenix USA also has a parking area on the north side of East Borden Street within the area proposed for rezoning. The Future Land Use Plan identifies this area as being best suited for commercial and mixed density residential use. Rezoning of the seven (7) properties to CL would appear to provide an appropriate transitional area between the industrial development to the south and the mixed density residential development to the north. The Planning Department has received one comment from a property owner at the corner of Stout Street and Highland Avenue in opposition to the proposed rezoning. Staff recommended approval of the rezoning. COOKEVILLE PLANNING COMMISSION 6 SEPTEMBER 24, 2007 Sam Greenwood, property owner of 28 Borden Street, stated that he was in favor of the rezoning request. Dr. Angelo Volpe made the motion to rezoning the 7 parcels as recommended by staff from RM8 (Multi- Family Residential) to CL (Local Commercial). Ryan Williams seconded the motion and the motion carried unanimously. APPROVED REZONING FROM RM8 TO CL. CONSIDER FOR ACTION REZONING A PORTION OF 777 SOUTH WILLOW AVENUE FROM RS5 (SINGLE-FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY J & S CONSTRUCTION ON BEHALF OF HEAVENLY HOST LUTHERAN CHURCH. James Mills stated that Mr. Johnny Stites of J & S Construction, on behalf of the Heavenly Host Lutheran Church, has submitted a request to rezone from RS-5, Single Family Residential to CG, General Commercial a portion of the church’s property located at 777 South Willow Avenue and identified as a portion of Parcel 7.00 on Tax Map 66A, Group A. Mr. Stites indicates in the petition that one reason for requesting the rezoning is to allow the church to set aside more property for future growth of the school facilities. The zoning of church’s property is currently split with the majority zoned as CG and the western portion zoned as RS-5. The request is to rezone an estimated 1.4 acres of the property. If the request is approved a small strip approximately 100 feet in depth and consisting of approximately 0.5 acres would remain zoned as RS-5. Earlier this year the portion of the church’s property now zoned as RS-5, which consists of approximately 1.9 acres, was approved for rezoning from RS-10. When this previous rezoning was approved by the Planning Commission in December 2006 a proposed residential development plan was submitted. The plan indicated that the portion of the property rezoned to RS-5 would be developed as single-family dwelling lots. A revised site plan depicting how the property would be developed if rezoned has not been submitted. The petitioner also indicates that “the church is requesting the movement of the current CG line back to line up with the new CG line submitted by the County Executive of Putnam County”. This apparently is in reference to the contiguous property to the north, a portion of which was rezoned to CG earlier this year for the location of county facilities including an E911 center and Health Department. The CG zoning line on the contiguous property to the north extends to 100 feet from the western property, which is the same as requested by the petitioner. The 100 foot strip of the contiguous property not zoned as CG is zoned as RS- 10, Single-Family Residential whereas in this request the 100 foot strip would be zoned as RS-5. It should be noted that in the rezoning of the contiguous northern property the County committed to the portion of the property zoned as RS-10 not being developed and remaining in perpetuity as a landscaped buffer area to protect the residential area to the west. It is assumed that, based on the plans submitted for the rezoning proposal approved earlier this year, the church intends to fully develop their property, including the portion that is not proposed for rezoning. It is further assumed from the petition that the rezoning would allow the church to locate higher density residential development further west closer to the established single family residential area. While there perhaps has been some precedent created with the rezoning of the contiguous property to the north, the proposed rezoning would not provide the same protection for the adjacent RS-15, Single Family Residential area to the west with a portion of the property remaining zoned as RS-5. Staff recommended approval of request subject to the portion of the property proposed for remaining as RS-5 being rezoned to RS-15 Single Family Residential. Ryan Williams stated that he is abstaining from voting on this issue since he works for J & S Construction. Johnny Stites, J & S Construction, stated that the church was wanting to retain additional land for the expansion of their school and less area for their residential development. Dr. Angelo Volpe made the motion to rezoning 250’ from RS-10 to CG (General Commercial) and the remainder 100’ from RS-5 (Single-Family Residential) to RS-15 (Single-Family Residential). Judy Jennings seconded the motion and the motion carried. Votes: Judy Jennings--aye, Dr. Roy Loutzenheiser-aye, Nina Lunn-aye, Dr. Angelo Volpe-aye, Ryan Williams-abstained, and Tod Williams--aye. COOKEVILLE PLANNING COMMISSION 7 SEPTEMBER 24, 2007 CONSIDER FOR ACTION AMENDING THE COOKEVILLE ZONING CODE PERTAINING TO SECTION 207, GENERAL SIGN REGULATIONS FOR THE PURPOSE OF ALLOWING OFF- PREMISE SIGNS ALONG THE CORRIDOR OF INTERSTATE 40 AND HIGHWAY III TO MEET CERTAIN TENNESSEE DEPARTMENT OF TRANSPORTATION REQUIREMENTS. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has prepared for consideration certain amendments to the General Sign Regulations of the Zoning Code. A preliminary draft of an ordinance with the proposed amendments is attached for review. Please note that the exact wording of the ordinance is being review by the City Attorney and is subject to revision. The proposed amendments are as follows: • Insertion of provision specifying that a Licensed General Contractor is required for the erection of all billboard and similar off-premise signs. (See Section 1 of the Ordinance) This amendment is recommended by the City Attorney. State law requires that all construction projects valued at more than $25,000 be completed by a Licensed General Contractor. • Insertion of provisions specifying that the maximum number of billboards and similar off-premise signs as defined by the General Sign Regulations be linked to an inventory maintained by the city and only those locations included in the inventory shall be used as removal locations for the purpose of obtaining a permit for a billboard at a new location. (See Section 2 of the Ordinance) The General Sign Regulations specify that that the maximum number of billboards and similar off-premise signs allowed within the corporate limits of the City of Cookeville shall be limited to those existing, or having received a valid sign permit as of September 2, 2004. An inventory of existing billboards was completed by the city prior to the establishment of the maximum number but it was not specified in the regulations. The proposed amendment is intended to prohibit someone from trying to use the removal of a sign not identified by the city as a billboard for the purpose of obtaining a location for a new billboard. Should there be billboards in the city not included in the inventory they of course could remain but would not count for removal purposes for the purpose of obtaining a new billboard location. • Insertion of provision allowing billboards and similar off-premise signs located within a corridor 100 feet in width on either side of the right-of-way of Interstate 40 and State Highway 111 to have a display area of up to the size allowed by TDOT. (See Section 3 of the Ordinance) Locations outside this corridor would be limited to display areas of up to 300 feet. This proposed amendment is recommended to comply with a portion of a settlement agreement between the city and East-West Media. Additionally the proposed amendment should help to encourage the relocation of billboards from locations within the city to I-40 and 111. • Insertion of provision allowing billboards and similar off-premise signs located within a corridor 100 feet in width on either side of the right-of-way of Interstate 40 and State Highway 111 to be built to the height requirements of TDOT. (See Section 3 of the Ordinance) Locations outside this corridor would be limited to heights of up to 50 feet. This proposed amendment is recommended to comply with a portion of a settlement agreement between the city and East-West Media. Additionally the proposed amendment should help to encourage the relocation of billboards from locations within the city to I-40 and 111. • Insertion of provisions allowing billboards and similar off-premise signs located within a corridor 100 feet in width on either side of the right-of-way of Interstate 40 and State Highway 111 to consist of multiple, stacked and side-by-side panels. (See Section 3 of Ordinance) Locations outside this corridor would be limited to single panels. COOKEVILLE PLANNING COMMISSION 8 SEPTEMBER 24, 2007 This proposed amendment is recommended to comply with a portion of a settlement agreement between the city and East-West Media. Additionally the proposed amendment should help to encourage the relocation of billboards from locations within the city to I-40 and 111. Two other possible amendments, not included in the draft ordinance should be considered. The first additional amendment that should be considered is the insertion of provisions allowing billboards located within the corridor along I-40 and 111 to meet the separation requirements of TDOT. For certain areas along 111 TDOT allows a minimum separation of 100 feet while the city requires a separation of 1,000 feet. Allowing billboards in these locations to meet the lesser TDOT separation requirements would provide many more locations for the possible relocation of existing billboards from less desirable locations within the city. It should be stressed that the total number of billboards within the city would not be increased. Another possible amendment that should be considered is the establishment of a minimum height from the bottom of the display area to the ground for off-premise signs. Staff recommended approval of the amendments. Ryan Williams made the motion to approve the amendments as recommended by staff and including the amendment to add a minimum height of 20’ for an off-premise sign, and to study further the separation requirements along I-40 and 111. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED AMENDMENTS AND STUDY THE SEPARATION REQUIREMENTS FOR ANOTHER MONTH. CONSIDER FOR ACTION FINAL PLAT ROBERTSON – ALLEN ZERO LOT LINE SUBDIVISION, 2 LOTS LOCATED ON WHITSON AVENUE. REQUEST SUBMITTED BY JOSEPH ROBERTSON. James Mills stated that Mr. Joseph Robertson has submitted for final approval a 2- lot zero lot subdivision of his property identified as Parcel 15.00 on Map 53K, Group C and located on Whitson and South Maple Avenues. The parcel proposed for subdivision consists of approximately 0.29 acres and is zoned as RS-5, Single Family Residential. Zero lot line single family detached dwellings are permitted in the RS-5 district subject to the approval of a subdivision plat submitted in accordance with the Subdivision Regulations. The submitted plat conforms with the requirements of the Subdivision Regulations and has been reviewed and approved by the applicable city departments. Staff recommendation approval of the final plat. Judy Jennings made the motion to approve the final plat. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. Ryan Williams made the motion to take the following items for study. Judy Jennings seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING 1103 EAST 10TH STREET FROM RS10 (SINGLE- FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY JERRY JARED ON BEHALF OF MARGARET MCCORMICK. CURTIS BARLOW, BARBARA BARLOW AND PAULINE KOESTER. THE PROPERTY OWNERS AT 1115, 1125 EAST 10TH STREET AND 1112, 1120, 1128 & 1138 SYRACUSE STREET WOULD LIKE TO BE INCLUDED IN THE REQUEST. (2) CONSIDER FOR STUDY REZONING 270 WHITSON AVENUE FROM RS5 (SINGLE- FAMILY RESIDENTIAL) TO RS10 (SINGLE-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY THOMAS HADLOCK. THE PROPERTY OWNERS AT 527 EAST HUDGENS STREET AND 207, 220, 221, 227, 230, 239, 254, 260, 282 & 291 WHITSON AVENUE WOULD LIKE TO BE INCLUDED IN THE REQUEST. COOKEVILLE PLANNING COMMISSION 9 SEPTEMBER 24, 2007 (3) CONSIDER FOR STUDY PRELIMINARY PLAT OF THE OAKS SUBDIVISION, 24 LOTS LOCATED OFF KINNARD ROAD IN THE PLANNING REGION. REQUEST SUBMITTED BY BRENT GENTRY. (4) CONSIDER FOR STUDY REQUEST FOR APPROVAL AS REQUIRED BY SECTION 205.9C (4.) OF THE ZONING CODE FOR ACCESS TO A LOCAL STREET FOR A DOUBLE FRONTAGE LOT LOCATED AT 758 SOUTH WILLOW AVENUE AND ZONED CG, GENERAL COMMERICAL. REQUEST SUBMITTED BY JOE NICHOLS OF HERITAGE CONSTRUCTION COMPANY ON BEHALF OF KID’S KARE. (5) CONSIDER FOR STUDY REZONING PROPERTIES LOCATED ALONG EAST 10TH STREET AND NORTH WASHINGTON AVENUE NORTH OF EAST 10TH STREET FROM CL (LOCAL COMMERCIAL) TO CN (NEIGHBORHOOD COMMERCIAL). REQUEST SUBMITTED BY STAFF. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • ROBIN MEADOWS THIRD & FOURTH STREET DIVISION – 2 LOTS LOCATED BETWEEN THIRD & FOURTH STREETS – ROBIN MEADOWS. • MILDRED GENTRY DIVISION – 2 LOTS LOCATED ON SOUTH WILLOW AVENUE – MILDRED GENTRY. • MIKE O’MARA PROPERTY – PORTION OF LOTS 7 & 8 OF THE FARRIS ADDTION TO HILLWOOD ESTATES SUBDIVISION AND A PORTION OF THE CHARLIE FARRIS SUBDIVISION – 2 LOTS LOCATED ON HILLWOOD DRIVE – MIKE O’MARA. • REVISED PLAT FOR LOTS 2 & 3 OF THE REBUD SUBDIVISION – 2 LOTS LOCATED ON BOXWOOD CIRCLE – LARRY THOMAS. • W J RETAIL DIVISION – 1 LOT LOCATED ON WEST JACKSON STREET – XI JACKSON LLC. • REDIVISION OF LOT 2E OF THE JOYCE WRIGHT DIVISION PHASE IV – 2 LOTS LOCATED ON INTERSTATE DRIVE – JIMMY WRIGHT. • RESUBDIVISION OF LOTS 2 & 3 OF PAULINE FOX SUBDIVISION – 2 LOTS LOCATED ON BUNKER HILL ROAD – REGINA MALONE. • CHARLES HARRIS DIVISION – 2 LOTS LOCATED ON OLD QUALLS ROAD – CHARLES HARRIS. ADJOURNMENT: 7:28 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _____________________________________________ JAYNE BARNS CPS TOD WILLIAMS, ACTING CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION

Agenda

COOKEVILLE PLANNING COMMISSION MINUTES SEPTEMBER 24, 2007 The Cookeville Planning Commission met on Monday, September 24, 2007 at 5:30 p.m., in the Council Chambers, 45 E. Broad Street, Cookeville, Tennessee. MEMBERS PRESENT: Judy Jennings, Dr. Roy Loutzenheiser, Nina Lunn, Dr. Angelo Volpe, Ryan Williams, and Tod Williams. MEMBERS ABSENT: Don Prince, Jim Stafne, and Chris Wakefield. STAFF MEMBERS PRESENT: James Mills, Jayne Barns, and Suzanne Garnmeister. STAFF ABSENT: Jim Shipley. OTHERS PRESENT: See attached Record of Attendance. CONSIDER FOR APPROVAL THE AGENDA AS SUBMITTED. Dr. Angelo Volpe made the motion to approve the agenda as submitted. Ryan Williams seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR APPROVAL THE MINUTES OF AUGUST 27, 2007. Dr. Roy Loutzenheiser made the motion to approve the minutes of August 27, 2007. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. CONSIDER FOR ACTION A REQUEST TO REZONE 900 NORTH WASHINGTON AVENUE FROM RS-10 (SINGLE-FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY CHRIS DAWSON ON BEHALF OF MARTIN MEDLEY AND L. A. ALLEN. THIS ITEM WAS POSTPONED AT LAST MONTH’S MEETING. James Mills stated that Mr. Chris Dawson, on behalf of property owners Martin Medley and L. A. Allen, has submitted for approval a request to rezone from RS-10, Single Family Residential to CL, Local Commercial property located at 900 North Washington Avenue and identified as Parcel 2.00 on Tax Map 40N, Group F. Consideration of this request was postponed at the August 2007 meeting so that further information could be obtained. The property proposed for rezoning is contiguous with CL zoning to the north and east and with RS-10 zoning to the south and west. According to the records of the Putnam County Tax Assessor, the property consists of approximately 1.8 acres. The parcel has street frontage on North Washington Avenue to the east, East 10th Street to the north, and East 9th Street to the south. North Washington Avenue, which is State Highway 136, is classified as a Major Arterial Street. East 10th and East 9th Streets are classified as Minor Collector Streets. The Future Land Use Plan indicates that the subject property is best suited for either residential or local commercial purposes. According to the latest FEMA report a portion of the property is located within a flood hazard area. The rezoning petition indicates that the purpose of the rezoning is to relocate the existing Citizen Bank facility located at the corner of North Washington Avenue and East 10th Street and to construct a Walgreens retail establishment. A submitted site plan indicates that the parcel on which the bank facility is currently located, Parcel 1.00 on Tax Map 40N, Group F, would be combined with the parcel proposed for rezoning. Parcel 1.00 is already zoned as CL. The plan depicts the bank being relocated to the southern or East 9th Street portion of the combined property with the Walgreens being located on the northern or East 10th Street portion. Shared access points to East 10th Street and North Washington Avenue are proposed with no access to East 9th Street indicated. The site plan also indicates that the elevation of the proposed commercial development would be significantly lower than the adjacent residential properties to the east. At the August meeting it was noted that a number of property owners, including the owners of parcels on Allen Avenue contiguous with subject property to the west, had contacted the Planning Department to register their opposition to the rezoning. The primary concerns mentioned were the potential negative impact COOKEVILLE PLANNING COMMISSION 2 SEPTEMBER 24, 2007 on property values, increased traffic, and commercial encroachment into a residential area. Additional concerns noted by the Planning Commission at the August meeting were: (1) potential traffic problems with the proposed access to the property and the southbound merge lane on North Washington Avenue; (2) lack of access to the property from East 9th Street: (3) internal traffic flow and possible conflicts with proposed access point from North Washington Avenue; (4) architectural finish of all faces of the proposed structures; (5) and assurance that the property would be developed as depicted on the submitted site plan. Regarding traffic, engineers for the petitioner met with city officials, including Public Works Director Greg Brown and Dr. Loutzenheiser, on September 4, 2007. Mr. Brown and Dr. Loutzenheiser’s comments regarding this meeting are included in your notebooks. Generally, the following determinations were reached at this meeting: 1. Access point from Washington Avenue to the proposed development should be moved further south which would provide safer ingress/egress on Washington and would provided better internal traffic flow 2. Access to the proposed development from East 9th Street where it could physically be provided is not desirable 3. Additional marking or signage of merge movement on southbound Washington should be provided (TDOT has recently place a merge arrow on the southbound lane, whether this adequate has yet to be evaluated) During the first and second week of September the Public Works Department compiled traffic count data at the intersection of North Washington Avenue and East 10th Street. The average daily traffic count on North Washington Avenue south of East 10th Street was approximately 15,500. In 2005 the TDOT ADT count for this location was 15,480 and in 2006 the count was 15,133. While there is a large amount of traffic on North Washington Avenue there does not appear to be a significant increase in the past 2 years. A primary concern mentioned at the August meeting was the perceived unsafe traffic situation involving the southbound merge lane on North Washington Avenue. A review of the Cookeville Police Department’s accident reports indicate that one (1) accident has occurred so far in 2007 and that no accidents occurred in 2006 that could be attributed to the merging design. It should also be noted that North Washington Avenue is a state highway and any access point to it would have to be approved by TDOT and developed to their standards. A revised site plan, depicting the relocation of the access point on North Washington Avenue, and a proposed landscape plan have been submitted by the petitioner. The current property owners and the proposed developer agreed at last month’s meeting to some form of binding commitment that the property would be developed as depicted on the submitted site plan and the proposed developer also agreed to require that all four sides of the proposed structures would be constructed with the same finish siding. The petitioner has submitted a letter from Walgreens indicating that the proposed structure would have a brick finish on all four sides. A similar letter of commitment has been submitted by Citizens Bank. While the proposed site plan and commitment for architectural standards would appear to provide substantial protection for adjacent residential properties, it is important to note that there are currently no provisions in the Cookeville Zoning Code for the CL District to assure that the property is developed as depicted on the site plan. Also, it must be pointed out that if this property is rezoned it would not be restricted to the uses depicted on the submitted site plan. It was also reported at the August meeting that a petition had been submitted for the establishment of a Historic District that would include the property proposed for rezoning. The inclusion of the subject property in a Historic District would provide a mechanism for assuring that any structures would meet certain architectural standards and would be compatible with other structures within the district. Results from a survey of property owners indicated that there currently is not enough support to establish a comprehensive historic district that would include the subject property, and the Historic Zoning Commission, at its meeting on September 11, 2007, tabled consideration of this matter. In considering this rezoning and developing a recommendation the Planning Department has placed significant importance on the following questions: 1. Does the rezoning comply with the Future Land Use Plans for the city? 2. Does the proposed zoning conflict with how other properties in the vicinity are developed and zoned? 3. Are the existing infrastructure and transportation network adequate for the proposed zoning? COOKEVILLE PLANNING COMMISSION 3 SEPTEMBER 24, 2007 4. Are the land uses allowed under the current zoning appropriate for the property, and if not, what type of land use would be most appropriate for the property? 5. What will be the impact on the surrounding area if the property is rezoned and are the current requirements of the Zoning Code adequate to mitigate any negative impacts? It is the opinion of the Planning Department that the answers to these questions indicate that some form of commercial zoning is appropriate for this property. In the August review of this request there was some discussion on the possibility of rezoning the subject property as CN, Neighborhood Commercial. The Planning Department is of the opinion that the CN District would be the most appropriate zone for this property and perhaps for a much larger area along East 10th Street. It is the most restrictive commercial zone in terms land uses allowed and has some limited architectural standards in that all non-residential uses are required to be compatible with nearby residential structures in terms of scale and appearance. However, as noted at the August meeting, rezoning only the subject property may constitute spot zoning and that the proposed Walgreens would exceed the CN maximum floor space requirement of 10,000 square feet. An option that could be considered is to amend the maximum floor space requirement of the CN District to increase it to 15,000 square feet and to include in the rezoning to CN the undeveloped property currently zoned as CL located at the southeastern intersection of North Washington Avenue and East 10th Street (portion of Parcel 1.00, Tax Map 40N, Group E) and possibly an even larger area along East 10th Street. This option would provide a substantial amount of additional protection for the nearby residential areas and still allow commercial development of the properties. To include this larger area would require further study and appropriate public notice to the property owners. There are several potential actions available in this matter. These include: • Denial of request for rezoning, • Approval of request for rezoning to CL, • Approval of rezoning to CN Parcels 1.00 and 2.00 on Tax Map 40N, Group F, • Approval of rezoning to CN with approval of amendment to CN provisions increasing the maximum floor space requirement to 15,000 square feet, • Approval of rezoning to CN the subject properties and the additional property located at the southeastern intersection of North Washington Avenue and East 10th Street, and • Postponement or tabling of request to consider a larger area along East 10th Street for rezoning to CN. Staff recommended approval of amendment to CN district provisions to increase the maximum floor space requirement to 15,000 square feet, approval of rezoning of Parcels 1.00 and 2.00 on Tax Map 40N, Group F to CN, and approval of taking for study rezoning to CN additional properties along East 10th Street. Carter Dawson of Red River Investments stated that the CN (Neighborhood Commercial) was acceptable. The entrance has been moved furthered south to help with safety concerns at the corner of 10th Street and North Washington Avenue. Walgreens will work with the Planning Department and neighbors to meet each of their concerns. Dr. Scott Copeland, 807 North Washington Avenue, stated the traffic would not be the same and that building a Walgreens would create more traffic. He wanted to know what would be the benefit of having a 15th drugstore and adding another bank to the community. The Board should not take away residential lots for commercial uses. Dr. Copeland noted that the property owners have not tried to sell the property as residential and that the only 2 people in favor of the request were the property owners. Dr. Copeland stated that Dr. James Smith tried to buy the property a few years to build a residential house on the property and they wouldn’t sell it to him. Dr. Copeland stated that it is a hassle now to get out of his driveway under the current situation. Dr. Copeland recommended that the Commission leave ½ the property as a natural buffer to protect the residents in the area and to deny the rezoning request. Janet Bacon Baggett, property owner on Allen Avenue, stated that the buffer area listed on the landscape plan is less than what is required by the City of Cookeville. Mrs. Baggett added that development will be destroying a section of the neighborhood and that she is opposed to the rezoning request. The bank on the corner has not been a problem, but the Commission has the ability to stop commercial from encroaching into a residential area. COOKEVILLE PLANNING COMMISSION 4 SEPTEMBER 24, 2007 James Mills stated that the Planning Commission was not approving the landscape plan, and that the developer would have to comply with the applicable landscaping and buffer yard requirements of the Zoning Code. Nancy Forrester, 824 North Washington Avenue, stated that there is already a lot of congestion at this intersection and that she is opposed to further commercial in a residential neighborhood. Dr. Roy Loutzenheiser stated that after reviewing the location more carefully, that the CN sounds more beneficial to the neighborhood. If it stays residential you could potentially have 4-5 driveways on 9th & Washington which could be more dangerous with the additional access points to a major road. The Bank currently does not impact the morning school traffic due to their hours of operation, but the traffic flow will increase with the addition of a Walgreens. Nancy Newby stated that she would like to keep the property in question residential. Russell Soucy, spokesman for Carol Ray who lives on Allen Avenue, shared their concerns about protecting an old established residential and about clear cutting all the trees where there is a natural buffer now. They were also concerned about the loading zone behind the building, the noise from dumpsters being emptying and they felt that the development for Walgreens and Citizens Bank was squeezing too much commercial on the property. Ryan Williams wanted to know the main differences between the CN and the CL. James Mills stated that in the CN zone that the uses are more restrictive. For example, in the CN zone you cannot have car lots and a drive thru restaurant. The site plans for commercial uses in the CN are reviewed and have to be compatible with the neighborhood. The CN zone gives more protection to the neighborhood. The CL zone allows larger developments. If a development is located on a street of major collector status the building can be a maximum of 50,000 sq. ft and if the development is on a street of lower classification then the building can be a maximum of 25,000 sq. ft. Rebecca Ting, 523 North Washington Avenue, was concerned about the State widening North Washington Avenue to 5 lanes and the effect it would have on the residents. Jerald Bryant, 609 North Washington Avenue, stated that he originally signed the petition in favor of the rezoning, but had changed his mind. He was really concerned about the increase in traffic on North Washington Avenue and the potential for more traffic if North Washington is widened to 5 lanes. Nancy Pardue, 824 North Jefferson Avenue, stated that the neighborhood does not need a 24 hour Walgreens. Tod Williams stated that City has a comprehensive zoning plan to help with long range planning for our community. The CN zone seems like a better way to protect the residents than the CL zone. Nina Lunn stated that she lives off of 10th Street and that this area needs some future planning with the use of trees and landscaping. Sam Warren of the Citizens Bank, stated that the Bank came to Cookeville in 1996 and they are wanting to move to the corner of 9th & North Washington in order to expand the bank on a larger lot. Nina Lunn made the motion to amend the Cookeville Zoning Code to increase the maximum square footage allowed in a CN (Neighborhood Commercial) zone from 10,000 to 15,000 sq. ft. Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED AMENDMENT TO INCREASE THE MAXIMUM SQUARE FOOTAGE ALLOWED IN A CN ZONE FROM 10,000 TO 15,000 SQ. FT. Dr. Roy Loutzenheiser made the motion to rezone 900 and 990 North Washington Avenue from RS-10 (Single-Family Residential) and CL (Local Commercial) to CN (Neighborhood Commercial). Nina Lunn seconded the motion and the motion carried unanimously. APPROVED REZONING TO CN. COOKEVILLE PLANNING COMMISSION 5 SEPTEMBER 24, 2007 Dr. Angelo Volpe made the motion to add as a study item rezoning a broader area along East 10th Street and North Washington Avenue north of East 10th Street from CL (Local Commercial) to CN (Commercial Neighborhood). Dr. Roy Loutzenheiser seconded the motion and the motion carried unanimously. APPROVED ADDING AS A STUDY ITEM REZONING ADDITIONAL PROPERTIES ALONG E. 10TH STREET AND NORTH WASHINGTON AVENUE NORTH OF EAST 10TH STREET FROM CL TO CN. CONSIDER FOR ACTION REZONING 38 EAST BORDEN STREET FROM RM8 (MULTI- FAMILY RESIDENTIAL TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY DANNY BURGESS ON BEHALF OF BEVERLY HENSLEY. ADDITIONAL PROPERTIES LOCATED AT 28, 48, & A VACANT LOT ON EAST BORDEN STREET AND 389 & 395 HIGHLAND AVENUE WILL ALSO BE CONSIDERED IN THE REZONING REQUEST. James Mills stated that Mr. Danny Burgess, on behalf of property owner Beverly Hensley, has submitted a request that property located at 38 East Borden Street and identified as Parcel 3.00 on Tax Map 53J, Group L be rezoned from RM-8, Multi- Family Residential to CL, Local Commercial. The property is currently used as a daycare. Mr. Burgess indicates in the petition that the purpose of the requested rezoning is to increase marketability of the property. Since rezoning the single parcel, which is not contiguous with CL zoning, would most likely be considered a spot zone additional properties have been included. So that spot zoning is not an issue a larger area along East Borden Street has been identified for possible rezoning to CL. This larger area consists of four (4) other parcels in their entirety and a portion of one (1) other, each of which is zoned as RM-8. These additional parcels are as follows: 1. Parcel 2.00, Map 53J, Group L, located at 28 Borden Street and owned by Sam Greenwood (currently a single family residence) 2. Parcel 4.00, Map 53J, Group L, located at 48 East Borden Street and owned by Horizons USA (currently a single family residence) 3. Parcel 7.00, Map 53J, Group L, located at 395 Highland Avenue and owned by Camille Fliss (currently a single family residence) 4. Parcel 16.01, Map 53J, Group L, located at 389 Highland Avenue and owned by Horizons USA (currently a vacant lot) 5. Portion of Parcel 3.00, Map 53O, Group C, located on Borden Street and owned by Horizons USA (currently used as parking for Phoenix USA) The owners of the five (5) additional properties have been contacted by Planning Department about the possible inclusion in the rezoning. No opinion has been obtained from Mr. Greenwood. Ms. Fliss has indicated that she is in favor of the rezoning. Mr. Jim Wright of Horizons USA had indicated that he is in favor of the proposed rezoning and has requested that an additional contiguous property owned by Horizons USA and zoned as RM-8 be included in the rezoning. This parcel is identified as follows: 6. Parcel 16.00, Map 53J, Group L, located at 383 Highland Avenue and owned by Horizons USA (currently a single family residence) The expanded area proposed for rezoning is contiguous with CL zoning to the east, with CI, Commercial- Industrial Mixed use zoning to the south, and with RM-8 zoning to the west and north. It consists of 3.3 acres. Phoenix USA occupies the entire block along the south side of East Borden Street. As noted previously Phoenix USA also has a parking area on the north side of East Borden Street within the area proposed for rezoning. The Future Land Use Plan identifies this area as being best suited for commercial and mixed density residential use. Rezoning of the seven (7) properties to CL would appear to provide an appropriate transitional area between the industrial development to the south and the mixed density residential development to the north. The Planning Department has received one comment from a property owner at the corner of Stout Street and Highland Avenue in opposition to the proposed rezoning. Staff recommended approval of the rezoning. COOKEVILLE PLANNING COMMISSION 6 SEPTEMBER 24, 2007 Sam Greenwood, property owner of 28 Borden Street, stated that he was in favor of the rezoning request. Dr. Angelo Volpe made the motion to rezoning the 7 parcels as recommended by staff from RM8 (Multi- Family Residential) to CL (Local Commercial). Ryan Williams seconded the motion and the motion carried unanimously. APPROVED REZONING FROM RM8 TO CL. CONSIDER FOR ACTION REZONING A PORTION OF 777 SOUTH WILLOW AVENUE FROM RS5 (SINGLE-FAMILY RESIDENTIAL) TO CG (GENERAL COMMERCIAL). REQUEST SUBMITTED BY J & S CONSTRUCTION ON BEHALF OF HEAVENLY HOST LUTHERAN CHURCH. James Mills stated that Mr. Johnny Stites of J & S Construction, on behalf of the Heavenly Host Lutheran Church, has submitted a request to rezone from RS-5, Single Family Residential to CG, General Commercial a portion of the church’s property located at 777 South Willow Avenue and identified as a portion of Parcel 7.00 on Tax Map 66A, Group A. Mr. Stites indicates in the petition that one reason for requesting the rezoning is to allow the church to set aside more property for future growth of the school facilities. The zoning of church’s property is currently split with the majority zoned as CG and the western portion zoned as RS-5. The request is to rezone an estimated 1.4 acres of the property. If the request is approved a small strip approximately 100 feet in depth and consisting of approximately 0.5 acres would remain zoned as RS-5. Earlier this year the portion of the church’s property now zoned as RS-5, which consists of approximately 1.9 acres, was approved for rezoning from RS-10. When this previous rezoning was approved by the Planning Commission in December 2006 a proposed residential development plan was submitted. The plan indicated that the portion of the property rezoned to RS-5 would be developed as single-family dwelling lots. A revised site plan depicting how the property would be developed if rezoned has not been submitted. The petitioner also indicates that “the church is requesting the movement of the current CG line back to line up with the new CG line submitted by the County Executive of Putnam County”. This apparently is in reference to the contiguous property to the north, a portion of which was rezoned to CG earlier this year for the location of county facilities including an E911 center and Health Department. The CG zoning line on the contiguous property to the north extends to 100 feet from the western property, which is the same as requested by the petitioner. The 100 foot strip of the contiguous property not zoned as CG is zoned as RS- 10, Single-Family Residential whereas in this request the 100 foot strip would be zoned as RS-5. It should be noted that in the rezoning of the contiguous northern property the County committed to the portion of the property zoned as RS-10 not being developed and remaining in perpetuity as a landscaped buffer area to protect the residential area to the west. It is assumed that, based on the plans submitted for the rezoning proposal approved earlier this year, the church intends to fully develop their property, including the portion that is not proposed for rezoning. It is further assumed from the petition that the rezoning would allow the church to locate higher density residential development further west closer to the established single family residential area. While there perhaps has been some precedent created with the rezoning of the contiguous property to the north, the proposed rezoning would not provide the same protection for the adjacent RS-15, Single Family Residential area to the west with a portion of the property remaining zoned as RS-5. Staff recommended approval of request subject to the portion of the property proposed for remaining as RS-5 being rezoned to RS-15 Single Family Residential. Ryan Williams stated that he is abstaining from voting on this issue since he works for J & S Construction. Johnny Stites, J & S Construction, stated that the church was wanting to retain additional land for the expansion of their school and less area for their residential development. Dr. Angelo Volpe made the motion to rezoning 250’ from RS-10 to CG (General Commercial) and the remainder 100’ from RS-5 (Single-Family Residential) to RS-15 (Single-Family Residential). Judy Jennings seconded the motion and the motion carried. Votes: Judy Jennings--aye, Dr. Roy Loutzenheiser-aye, Nina Lunn-aye, Dr. Angelo Volpe-aye, Ryan Williams-abstained, and Tod Williams--aye. COOKEVILLE PLANNING COMMISSION 7 SEPTEMBER 24, 2007 CONSIDER FOR ACTION AMENDING THE COOKEVILLE ZONING CODE PERTAINING TO SECTION 207, GENERAL SIGN REGULATIONS FOR THE PURPOSE OF ALLOWING OFF- PREMISE SIGNS ALONG THE CORRIDOR OF INTERSTATE 40 AND HIGHWAY III TO MEET CERTAIN TENNESSEE DEPARTMENT OF TRANSPORTATION REQUIREMENTS. REQUEST SUBMITTED BY STAFF. James Mills stated that the Planning Department has prepared for consideration certain amendments to the General Sign Regulations of the Zoning Code. A preliminary draft of an ordinance with the proposed amendments is attached for review. Please note that the exact wording of the ordinance is being review by the City Attorney and is subject to revision. The proposed amendments are as follows: • Insertion of provision specifying that a Licensed General Contractor is required for the erection of all billboard and similar off-premise signs. (See Section 1 of the Ordinance) This amendment is recommended by the City Attorney. State law requires that all construction projects valued at more than $25,000 be completed by a Licensed General Contractor. • Insertion of provisions specifying that the maximum number of billboards and similar off-premise signs as defined by the General Sign Regulations be linked to an inventory maintained by the city and only those locations included in the inventory shall be used as removal locations for the purpose of obtaining a permit for a billboard at a new location. (See Section 2 of the Ordinance) The General Sign Regulations specify that that the maximum number of billboards and similar off-premise signs allowed within the corporate limits of the City of Cookeville shall be limited to those existing, or having received a valid sign permit as of September 2, 2004. An inventory of existing billboards was completed by the city prior to the establishment of the maximum number but it was not specified in the regulations. The proposed amendment is intended to prohibit someone from trying to use the removal of a sign not identified by the city as a billboard for the purpose of obtaining a location for a new billboard. Should there be billboards in the city not included in the inventory they of course could remain but would not count for removal purposes for the purpose of obtaining a new billboard location. • Insertion of provision allowing billboards and similar off-premise signs located within a corridor 100 feet in width on either side of the right-of-way of Interstate 40 and State Highway 111 to have a display area of up to the size allowed by TDOT. (See Section 3 of the Ordinance) Locations outside this corridor would be limited to display areas of up to 300 feet. This proposed amendment is recommended to comply with a portion of a settlement agreement between the city and East-West Media. Additionally the proposed amendment should help to encourage the relocation of billboards from locations within the city to I-40 and 111. • Insertion of provision allowing billboards and similar off-premise signs located within a corridor 100 feet in width on either side of the right-of-way of Interstate 40 and State Highway 111 to be built to the height requirements of TDOT. (See Section 3 of the Ordinance) Locations outside this corridor would be limited to heights of up to 50 feet. This proposed amendment is recommended to comply with a portion of a settlement agreement between the city and East-West Media. Additionally the proposed amendment should help to encourage the relocation of billboards from locations within the city to I-40 and 111. • Insertion of provisions allowing billboards and similar off-premise signs located within a corridor 100 feet in width on either side of the right-of-way of Interstate 40 and State Highway 111 to consist of multiple, stacked and side-by-side panels. (See Section 3 of Ordinance) Locations outside this corridor would be limited to single panels. COOKEVILLE PLANNING COMMISSION 8 SEPTEMBER 24, 2007 This proposed amendment is recommended to comply with a portion of a settlement agreement between the city and East-West Media. Additionally the proposed amendment should help to encourage the relocation of billboards from locations within the city to I-40 and 111. Two other possible amendments, not included in the draft ordinance should be considered. The first additional amendment that should be considered is the insertion of provisions allowing billboards located within the corridor along I-40 and 111 to meet the separation requirements of TDOT. For certain areas along 111 TDOT allows a minimum separation of 100 feet while the city requires a separation of 1,000 feet. Allowing billboards in these locations to meet the lesser TDOT separation requirements would provide many more locations for the possible relocation of existing billboards from less desirable locations within the city. It should be stressed that the total number of billboards within the city would not be increased. Another possible amendment that should be considered is the establishment of a minimum height from the bottom of the display area to the ground for off-premise signs. Staff recommended approval of the amendments. Ryan Williams made the motion to approve the amendments as recommended by staff and including the amendment to add a minimum height of 20’ for an off-premise sign, and to study further the separation requirements along I-40 and 111. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED AMENDMENTS AND STUDY THE SEPARATION REQUIREMENTS FOR ANOTHER MONTH. CONSIDER FOR ACTION FINAL PLAT ROBERTSON – ALLEN ZERO LOT LINE SUBDIVISION, 2 LOTS LOCATED ON WHITSON AVENUE. REQUEST SUBMITTED BY JOSEPH ROBERTSON. James Mills stated that Mr. Joseph Robertson has submitted for final approval a 2- lot zero lot subdivision of his property identified as Parcel 15.00 on Map 53K, Group C and located on Whitson and South Maple Avenues. The parcel proposed for subdivision consists of approximately 0.29 acres and is zoned as RS-5, Single Family Residential. Zero lot line single family detached dwellings are permitted in the RS-5 district subject to the approval of a subdivision plat submitted in accordance with the Subdivision Regulations. The submitted plat conforms with the requirements of the Subdivision Regulations and has been reviewed and approved by the applicable city departments. Staff recommendation approval of the final plat. Judy Jennings made the motion to approve the final plat. Dr. Angelo Volpe seconded the motion and the motion carried unanimously. APPROVED. Ryan Williams made the motion to take the following items for study. Judy Jennings seconded the motion and the motion carried unanimously. STUDY ITEMS. (1) CONSIDER FOR STUDY REZONING 1103 EAST 10TH STREET FROM RS10 (SINGLE- FAMILY RESIDENTIAL) TO CL (LOCAL COMMERCIAL). REQUEST SUBMITTED BY JERRY JARED ON BEHALF OF MARGARET MCCORMICK. CURTIS BARLOW, BARBARA BARLOW AND PAULINE KOESTER. THE PROPERTY OWNERS AT 1115, 1125 EAST 10TH STREET AND 1112, 1120, 1128 & 1138 SYRACUSE STREET WOULD LIKE TO BE INCLUDED IN THE REQUEST. (2) CONSIDER FOR STUDY REZONING 270 WHITSON AVENUE FROM RS5 (SINGLE- FAMILY RESIDENTIAL) TO RS10 (SINGLE-FAMILY RESIDENTIAL). REQUEST SUBMITTED BY THOMAS HADLOCK. THE PROPERTY OWNERS AT 527 EAST HUDGENS STREET AND 207, 220, 221, 227, 230, 239, 254, 260, 282 & 291 WHITSON AVENUE WOULD LIKE TO BE INCLUDED IN THE REQUEST. COOKEVILLE PLANNING COMMISSION 9 SEPTEMBER 24, 2007 (3) CONSIDER FOR STUDY PRELIMINARY PLAT OF THE OAKS SUBDIVISION, 24 LOTS LOCATED OFF KINNARD ROAD IN THE PLANNING REGION. REQUEST SUBMITTED BY BRENT GENTRY. (4) CONSIDER FOR STUDY REQUEST FOR APPROVAL AS REQUIRED BY SECTION 205.9C (4.) OF THE ZONING CODE FOR ACCESS TO A LOCAL STREET FOR A DOUBLE FRONTAGE LOT LOCATED AT 758 SOUTH WILLOW AVENUE AND ZONED CG, GENERAL COMMERICAL. REQUEST SUBMITTED BY JOE NICHOLS OF HERITAGE CONSTRUCTION COMPANY ON BEHALF OF KID’S KARE. (5) CONSIDER FOR STUDY REZONING PROPERTIES LOCATED ALONG EAST 10TH STREET AND NORTH WASHINGTON AVENUE NORTH OF EAST 10TH STREET FROM CL (LOCAL COMMERCIAL) TO CN (NEIGHBORHOOD COMMERCIAL). REQUEST SUBMITTED BY STAFF. STAFF REPORTS: (1) MINOR PLAT APPROVALS: • ROBIN MEADOWS THIRD & FOURTH STREET DIVISION – 2 LOTS LOCATED BETWEEN THIRD & FOURTH STREETS – ROBIN MEADOWS. • MILDRED GENTRY DIVISION – 2 LOTS LOCATED ON SOUTH WILLOW AVENUE – MILDRED GENTRY. • MIKE O’MARA PROPERTY – PORTION OF LOTS 7 & 8 OF THE FARRIS ADDTION TO HILLWOOD ESTATES SUBDIVISION AND A PORTION OF THE CHARLIE FARRIS SUBDIVISION – 2 LOTS LOCATED ON HILLWOOD DRIVE – MIKE O’MARA. • REVISED PLAT FOR LOTS 2 & 3 OF THE REBUD SUBDIVISION – 2 LOTS LOCATED ON BOXWOOD CIRCLE – LARRY THOMAS. • W J RETAIL DIVISION – 1 LOT LOCATED ON WEST JACKSON STREET – XI JACKSON LLC. • REDIVISION OF LOT 2E OF THE JOYCE WRIGHT DIVISION PHASE IV – 2 LOTS LOCATED ON INTERSTATE DRIVE – JIMMY WRIGHT. • RESUBDIVISION OF LOTS 2 & 3 OF PAULINE FOX SUBDIVISION – 2 LOTS LOCATED ON BUNKER HILL ROAD – REGINA MALONE. • CHARLES HARRIS DIVISION – 2 LOTS LOCATED ON OLD QUALLS ROAD – CHARLES HARRIS. ADJOURNMENT: 7:28 P.M. SUBMITTED FOR APPROVAL SUBMITTED FOR RECORDING ____________________________ _____________________________________________ JAYNE BARNS CPS TOD WILLIAMS, ACTING CHAIRMAN PLANNING ASSISTANT COOKEVILLE PLANNING COMMISSION

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